Nail and Mail Service Ineffective for Failure to Investigate Whether Service Was Made at Correct Address
Commercial Case Notes / Service of Process

Nail and Mail Service Ineffective for Failure to Investigate Whether Service Was Made at Correct Address

On May 19, 2023, Justice Cohen of the New York County Commercial Division issued a decision in McGuigan v. Gendell, 2023 NY Slip Op. 31697(U), holding that nail and mail service was ineffective because of the failure to investigate whether service was made at the correct address . . . Continue reading Nail and Mail Service Ineffective for Failure to Investigate Whether Service Was Made at Correct Address

Plaintiff on Notice of Fraud Claim Notwithstanding Defendant’s Denials
Fraud/Misrepresentation / Statute of Limitation/Laches

Plaintiff on Notice of Fraud Claim Notwithstanding Defendant’s Denials

On May 23, 2023, Justice Reed of the New York County Commercial Division issued a decision in Harbinger Capital Partners II, LP v. Apollo Global Mgt., LLC, 2023 NY Slip Op. 50503(U), holding that a plaintiff was on inquiry notice of a fraud claim notwithstanding the defendant’s denials . . . Continue reading Plaintiff on Notice of Fraud Claim Notwithstanding Defendant’s Denials

Fraud Claim Relating to a Contract or Note May be Assigned, But Assignment Agreement Must Show Intent to Transfer
Commercial Case Notes / Contracts / Fraud/Misrepresentation / Standing

Fraud Claim Relating to a Contract or Note May be Assigned, But Assignment Agreement Must Show Intent to Transfer

On May 25, 2023, the First Department issued a decision in SureFire Dividend Capture, LP v. Industrial & Commercial Bank of China Fin. Servs. LLC, 2023 NY Slip Op. 02841, holding that a fraud claim relating to a contract or note can be assigned, but that the agreement transferring the claim must show an intent to transfer the claim . . . Continue reading Fraud Claim Relating to a Contract or Note May be Assigned, But Assignment Agreement Must Show Intent to Transfer